International Criminal Law

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Diane Foley, the mother of slain ISIS hostage James Foley, stands alongside the parents of slain ISIS hostage Kayla Mueller, Carl Mueller and Marsha Mueller, and family members of 2 other slain ISIS hostages, following the guilty pleas by Alexanda Kotey, a member of the notorious Islamic State kidnapping cell dubbed the "Beatles," to charges of conspiring to murder four American hostages, including Mueller and Foley, outside the the US District Court in Alexandria, Virginia, September 2, 2021.

Impact-Based Jurisdiction and Crimes Against Humanity Statutes Are Needed for Effective Accountability

The answer is to fully enact international criminal law at the national level and to provide for its maximum reach.
Norng Chan Phal, who survived internment at the Tuol Sleng prison known as S-21 as a child, looks at portraits of victims of the Khmer Rouge regime displayed at Tuol Sleng genocide museum in Phnom Penh on September 2, 2020.

Crimes of Omission: Why a UN Treaty on Genocide but Not on Crimes Against Humanity?

It is a matter of historical curiosity, and it's time for the UN to reunite genocide with its genus by concluding a parallel treaty.
Syrian defendant Eyad al-Gharib, accused of crimes against humanity in the first trial of its kind to emerge from the Syrian conflict, arrives to hear his verdict in the court room on February 24, 2021 in Koblenz, western Germany. He holds up a document or folder to hide his face as two officers in bullet proof vests touch him and move him forward.

Striking the Right Balance for a Draft Convention on Crimes against Humanity

A successful treaty will prompt States to adopt stronger national laws and cooperate with each other to stop atrocities.
Norng Chan Phal, who survived internment at the Tuol Sleng prison known as S-21 as a child, looks at skulls displayed at the Tuol Sleng genocide museum in Phnom Penh on September 2, 2020.

As the Draft Crimes Against Humanity Treaty Moves Forward, a View on How It Relates to the Rome Statute for the ICC

Crimes against humanity is the only international crime not governed by its own treaty. It's time to formally recognize such heinous conduct.
A view of the room where the session is held at International Court Of Justice on January 23, 2020 in The Hague, Netherlands. The judges sit in a room at the front of the room. People fill the rest of the seats in the room.

Towards a New Treaty on Crimes Against Humanity: Next Steps

Such a convention could dispel the notion that only genocide deserves international sanction and attention.
Prosecutor of the International Criminal Court (ICC) Karim Asad Ahmad Khan holds a press conference at the Ministry of Justice in the Sudanese capital Khartoum on August 12, 2021.

To Strengthen the ICC Office of the Prosecutor, Karim Khan is On the Right Path

Justice Richard Goldstone, a former international prosecutor says the changes will make it more efficient, results-oriented, and accountable.
Investigators search for evidence in and around the wreckage of a Police bus at the site of a bomb blast in Kabul, 17 June 2007.

Evidence Destruction and the Crisis In Afghanistan

Evidence of international crimes is at risk in Afghanistan - endangering witnesses, victims, and the pursuit of justice. The international community must take steps to secure it.
Bosnian families follow the final verdict hearing of the former Bosnian Serb general Ratko Mladic also known as the "Butcher of Bosnia" in the ethnic cleansing case by the International Criminal Tribunal, from a screen at Srebrenica Genocide Memorial in Potocari in Srebrenica, Bosnia And Herzegovina on June 08, 2021.

The Mladić Appeal Judgment and the Enduring Legacy of the Hague Tribunals

The Mladić case offers an opportunity to assess not only the judgment itself, but also the legacy of the U.N. International Criminal Tribunal for the Former Yugoslavia.
Spent bullet casings are seen lying on the ground near the spot where Chit Min Thu, 25, was killed in clashes on March 11, 2021 in Yangon, Myanmar.

Beyond the Coup in Myanmar: A Crisis Born from Impunity

The roots of the coup can be found both domestically, in the 2008 Constitution, and in the failure of the international community to hold Myanmar's military to account.
Former Congolese warlord Bosco Ntaganda speaks during his trial at the International Criminal Court (ICC) in The Hague, The Netherlands, on July 8, 2019.

The ICC Ntaganda Appeals Judgment: The End of Indirect Co-perpetration?

The complex and contested indirect co-perpetration theory of liability remains under a cloud at the ICC.
People gather in the courtroom waiting to hear the verdict to Syrian defendant Eyad al-Gharib on February 24, 2021 in Koblenz, western Germany. Some people wear masks, but not all. Clear barriers are set up around each desk station.

A Drop in the Ocean: A Preliminary Assessment of the Koblenz Trial on Syrian Torture

April 23 marks one year since the start of the Syrian torture trial in Koblenz, Germany. It has already offered some preliminary lessons for future “universal jurisdiction”…
U.S. President Joe Biden, without a face mask, and U.S. Secretary of State Anthony Blinken, with a face mask, participate in a virtual meeting with leaders of Quadrilateral Security Dialogue countries March 12, 2021 at the State Dining Room of the White House in Washington, DC.

Why Biden Needs to Rescind Trump’s ICC Sanctions Now

A deadline looms in the case challenging executive order 13928, which imposed sanctions against the ICC. Will the Biden administration defend the former administration’s reckless…
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